Friend - Rent - She wants me out!

[PuffandStuff]

My friend was given an HA flat a few years ago - she has since moved in with her husband to a beautiful (mortgaged) home and I have been renting her flat. I recently lost my job but because its a HA flat I can't claim HB - She begged me to move in against my better judgement as she wanted someone she could trust in it (told her she needs to give it back but she says it her flat!)

I have been working self employed and have some money coming in soon but at the moment I'm in arrears with my rent - which when it comes through I can settle up with her and find another flat - she is fuming and wants me out - I am penniless at the moment and have nowhere to go - if she could wait 2 more weeks I can pay her all that I owe her - she won't wait - I'm one month in arrears at the moment.

I'm refusing to budge - she has threatened to come and throw all my stuff out! We have been friends for 20 years and I can't understand why she is being like this - AIBU?

[PuffandStuff]

Hi Giveme - yes I know I can but didn't as I didn't want to get her in to trouble - Its too late now - as soon as my money comes through I'm out of here!

I'll change the locks - tell her I have informed the police about her harassment and threats and they have advised me to change the locks and call them if she turns up - hopefully that will keep her off my back - and I won;t pay her what I owe - Fuck her!

[LurcioLovesFrankie]

Send Leopoldina's response, with an extra sentence to the effect that if she threatens you with dumping your stuff in the street, you will have no option but to shop her to the HA. Also point out that you're not the one doing something illegal, she is, and that if she wants you out, the onus is on her to go through the proper legal channels to evict you - this will take her time and cost money (as far as I'm aware, in the absence of paperwork, all tenants have a certain set of legal rights including the right to a reasonable period of notice- contracts just serve as devices whereby tenants voluntarily sign away some of these rights).

[PuffandStuff]

Hi Jacks - yes I put all the bills in my name and registered to vote :-)

[jacks365]

She hasn't a leg to stand on then. Talk to the housing association, they may not let you stay long term but the process to remove you would give you the time you need and would get her off your back it is also possible that they may transfer the tenancy to yourself unlikely but its worth a try.

[PuffandStuff]

Hi Lurcio - yes you are right - I'm so shocked by her behaviour - would never have thought she would do this to me - been friends for so long! I was trying to not turn this in to a bun fight and wanted to limit the damage to our relationship - she is not normally like this - I feel there is something else going on she is not telling me about - very sad about the whole business really.

[SusanneLinder]

Is she still claiming HB on this flat herself and thats why she is being so arsey? Is she worried that she may be found out?

Hmm I'd call her bluff. I would say that if she continues in this vein, you will report her to the HA for an illegal let. Tell her that if she comes near the flat you will call the police.

I would get advice from Shelter tbh

[PuffandStuff]

Thank you - I feel a bit better now. Need to go out for work - lets hope my belongings aren't on the street when I get back tonight!

I have emailed her Leo's response and the bit about the locks - it will either calm her down or send her in to a mad frenzy!

[Chippednailvarnish]

Sounds like tax evasion too...

[PuffandStuff]

Hi Susanne - no she is not claiming HB - just knows if I claim it they will find out she is letting the flat illegally - which is why I haven't claimed it!

[strongandlong]

The worst that would happen if the HA found out is that they'd seek possession and be awarded costs. So it would cost her some money.

It's a civil matter, not a criminal one, so she wouldn't be slung in prison or anything.

I think the plan to change the locks and then get out asap is is a good one. Tell the HA that she's been subletting too. If she voluntarily hands back the keys they probably wouldn't do anything to her at all...

[PuffandStuff]

Hi Chipped - yes it does :-)

[strongandlong]

Also agree with getting advice from Shelter. I'm sure you can claim HB, but I don't know what proof of tenancy/rent you'd need...

[strongandlong]

Shelter helpline

[Blu]

Move somewhere you can claim housing benefit. If she doesn't chuck you out, the HA / Council will.

You have both benefitted from an illegal occupancy of a flat that should go to the next people on the list.

Just extract yourself with minimum malicious action. Although it should revert to the housing list asap.

So many council and HA properties get mis-used like this.

[BrokenSunglasses]

You are both as bad as each other, and sound well suited.

[tattychicken]

Ummmm...it is now a criminal offence to sublet council or HA property. New legislation passed in Jan this year. socialhousingwatch.co.uk/social-housing-fraud-is-now-criminal/

I would protect yourself by coming clean to the HA and getting out of there ASAP.

[tattychicken]

Sorry, I'm crap at links! Google Prevention of Social Housing Fraud Act 2013.

[3MenAndMe]

Do you have a contract drawn?I don't think she can kick you out on a whim without proper notice...On the other hand I would just find something else as the situation will just escalate, she does not sound like a friend anymore...
Good luck

[Crinkle77]

I think the friend could have handled things better but have you thought that maybe she is panicking as she cannot afford to wait for the money? I know she has been subletting illegally but surely this arrangement has been mutually beneficial. I assume that the OP has been paying cheap rent which would be much lower than renting privately.

[holidaysarenice]

Also if you have just text her I wouldn't go to work leaving it empty. You might come back to it cleared and the locks changed.

[Chattymummyhere]

You could shop her to the national fruad line, I recently did this too someone who has acquired over 100k by fruad from the system... They never take your name or address or anything just info about the person you are shopping in

[shouldistayorshouldagonooooooo]

You are both BU.

You went in to this fully aware, you new the risks, being kicked out dosnt make her the only person in the wrong, you shouldn't have been there in the first place. Was you actually paying the going rate for a flat or getting it on the cheap.

Serves you both right. Thank god you haven't any children.

[shouldistayorshouldagonooooooo]

knew

[Pobblewhohasnotoes]

Surely if you are illegally renting this flat from her you can use this against her for her threatening to throw you out? Just tell her you'll shop her to the HA if she tries to come round. She's already ruined the friendship so what have you got to lose OP?